Change of Status Overview
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      1. The White Paper for F1 Students
      2. Change of Status
      3. Change of Status Overview

      Requirements and Timelines for Change of Status

      This article introduces the basic requirements and best time for application for changing status within the U.S.

      Basic Requirements

      • You Entered the U.S. legally with a valid visa;

      • Your status is currently valid;

      • You have not violated the terms of your current status;

      • Your passport is valid;

      • You meet the eligibility criteria for the new status you are applying for.

       

      Timing for Application

      • Applying for a change of status immediately after entry might led USCIS to question your motives, potentially resulting in a denial.

      • According to immigration lawyers: applying within the first 30 days is the most risky; the period of 30-60 days is a gray area; and applying after 90 days is generally safer. If you apply for a change of status within 90 days of entering the U.S., it will be presumed that you misrepresented your intentions when applying for your current status.

      • Applying for a change of status close to the expiration of your B visa may raise suspicions, as it appears that you are trying to extend your stay by changing to F-1 status.

      Note:

      If you submit a change of status application before your I-94 expires, you can legally remain in the U.S. while waiting for a decision, even if your I-94 expires during this period. However, if your application is denied, you must leave the country immediately.

       

      Cautions:

      • For tourists on a B-1/B-2 visa, their stay is determined by the "Admit Until Date" on their Form I-94, which indicates the latest date by which they must leave the country for that trip. The B visa allows a maximum stay of 6 months, calculated from the entry date, not the visa start date.

      • If your change of status application is denied, the visa used for entry will become invalid. To re-enter the U.S., you must apply for a new non-immigrant visa from outside the country. If the change of status application is approved, the original visa does not automatically become invalid, but the visa used for entry must match the purpose of the stay. For example, if you originally entered on a B visa and successfully changed to F-1 status, the 10-year B visa remains valid. However, if you are entering the U.S. to study, you must use an F-1 visa.